9911796707
TMI Blog1996 (7) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... ur, may be directed to state a case and refer the following question of law for the opinion of the High Court, which according to the Revenue, arises out of the order passed by the Tribunal : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in cancelling the penalty levied under section 271(1)(c), when concealment of the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 147(a) of the Income-tax Act to the assessee. In response to this notice, the assessee filed the return showing the income of Rs. 84,470. In the order passed under section 132(5) of the Act, the Income-tax Officer determined the concealment of "on money" to the tune of Rs. 12,196 during the assessment year 1984-85. The assessee, during the reassessment proceedings, agreed for an addition of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by the Deputy Commissioner of Income-tax (Appeals), Jodhpur, the assessee filed an appeal before the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur. The Tribunal allowed the appeal filed by the assessee and held that the surrendered amount of Rs. 12,196 did not represent the assessee's concealment of income and, therefore, it was not a fit case for levying the penalty under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed that the question sought to be referred is a pure question of fact. The findings arrived at by the Tribunal are not based on conjectures or surmises but are based on a proper appreciation of the evidence. The mere fact that the amounts were agreed to be added in the income of the assessee, does not ipso facto indicate any intention on the part of the assessee to conceal any portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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